(1)In this Code, “youth rehabilitation order” means an order imposing one or more youth rehabilitation requirements.
(2)The youth rehabilitation requirements are listed in column 1 of the youth rehabilitation requirements table (see section 174).
(3)Provision about each requirement is made by the Part of Schedule 6 mentioned in the corresponding entry in column 2 of that table.
Commencement Information
I1S. 173 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
The youth rehabilitation requirements table referred to in sections 173, 184 and 186 is—
| Requirement | Part of Schedule 6 relating to requirement | Restrictions on availability |
|---|---|---|
| activity requirement | Part 1 | |
| extended activity requirement | Part 1 | section 185(1) |
| supervision requirement | Part 2 | |
| unpaid work requirement | Part 3 | section 185(2) |
| programme requirement | Part 4 | |
| attendance centre requirement | Part 5 | |
| prohibited activity requirement | Part 6 | |
| curfew requirement | Part 7 | |
| exclusion requirement | Part 8 | |
| residence requirement | Part 9 | |
| local authority residence requirement | Part 10 | |
| fostering requirement | Part 11 | section 175(2)(b), section 185(3) |
| mental health treatment requirement | Part 12 | |
| drug treatment requirement | Part 13 | |
| drug testing requirement | Part 14 | |
| intoxicating substance treatment requirement | Part 15 | |
| education requirement | Part 16 | |
| electronic monitoring requirement | Part 17 | section 185(4) |
Commencement Information
I2S. 174 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)In this Code “youth rehabilitation order with intensive supervision and surveillance” means a youth rehabilitation order which imposes—
(a)an extended activity requirement (see paragraph 2 of Schedule 6),
(b)a supervision requirement, and
(c)a curfew requirement (and, accordingly, if so required by paragraph 19(3) of Schedule 6, an electronic monitoring requirement).
(2)A youth rehabilitation order with intensive supervision and surveillance—
(a)may impose other youth rehabilitation requirements, but
(b)may not impose a fostering requirement.
Commencement Information
I3S. 175 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)In this Code “youth rehabilitation order with fostering” means a youth rehabilitation order which imposes—
(a)a fostering requirement (see Part 11 of Schedule 6), and
(b)a supervision requirement.
(2)A youth rehabilitation order with fostering may also impose other requirements.
But this is subject to section 175(2) (fostering requirement not available with intensive supervision and surveillance).
Commencement Information
I4S. 176 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)A youth rehabilitation order is available to a court by or before which an offender is convicted of an offence if the offender is aged under 18 at the time of the conviction.
(2)Subsection (1) is subject to—
(a)subsection (3), and
(b)section 37(8) of the Mental Health Act 1983 (youth rehabilitation order not to be made in combination with hospital order or guardianship order in respect of same offence).
(3)A youth rehabilitation order is not available if a mandatory sentence requirement applies in relation to the offence (see section 399)—
(a)because the sentence is fixed by law, or
(b)by virtue of—
(i)section 258 (required sentence of detention for life), or
(ii)section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).
But this is subject to section 74 and Chapter 4 of Part 12 (reduction of sentence for assistance to prosecution).
Commencement Information
I5S. 177 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)A youth rehabilitation order which is—
(a)a youth rehabilitation order with intensive supervision and surveillance, or
(b)a youth rehabilitation order with fostering,
is available only in respect of an imprisonable offence.
(2)This is subject to paragraph 11(2) of Schedule 7 (powers of court in case of wilful and persistent failure to comply with youth rehabilitation order).
Commencement Information
I6S. 178 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where a court is dealing with an offender for an offence and a youth rehabilitation order is available.
(2)The court must not make a youth rehabilitation order unless it is of the opinion that—
(a)the offence, or
(b)the combination of the offence and one or more offences associated with it,
was serious enough to warrant the making of such an order.
(3)In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and any associated offence or offences, including any aggravating or mitigating factors.
(4)The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.
(5)The fact that, by virtue of subsection (2), the court may make a youth rehabilitation order does not require it to do so.
(6)Before making a youth rehabilitation order, the court must obtain and consider information about—
(a)the offender's family circumstances, and
(b)the likely effect of a youth rehabilitation order on those circumstances.
Commencement Information
I7S. 179 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where either of the following orders is available to a court dealing with an offender for an offence—
(a)a youth rehabilitation order with intensive supervision and surveillance;
(b)a youth rehabilitation order with fostering.
(2)The court must not make an order of either of those kinds unless it is of the opinion—
(a)that the offence, or the combination of the offence and one or more offences associated with it, was so serious that, if such an order were not available, a custodial sentence—
(i)would be appropriate, or
(ii)where the offender is aged under 12 when convicted, would be appropriate if the offender were aged 12, and
(b)if the offender is aged under 15 when convicted, that the offender is a persistent offender.
(3)In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.
(4)The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.
Commencement Information
I8S. 180 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)Where a court makes a youth rehabilitation order in respect of an offender who is subject to a detention and training order, the court may order that the youth rehabilitation order is to take effect—
(a)when the period of supervision in respect of the detention and training order begins in accordance with section 242 (the period of supervision), or
(b)on the expiry of the detention and training order.
(2)For the purposes of subsection (1)—
(a)the references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006 (detention and training orders made by service courts), and
(b)the reference to section 242 includes that provision as applied by section 213 of that Act.
(3)For those purposes, the references in subsections (1) and (2) to a detention and training order include an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (and references to section 242 include references to section 103 of that Act).
(4)A court must not make a youth rehabilitation order in respect of an offender when—
(a)another youth rehabilitation order, or
(b)a reparation order,
is in force in respect of the offender, unless when it makes the order it revokes the earlier order.
(5)For the purposes of subsection (4)—
(a)the reference in paragraph (a) to another youth rehabilitation order includes an order under section 1 of the Criminal Justice and Immigration Act 2008, and
(b)the reference in paragraph (b) to a reparation order includes an order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000.
(6)A court may not make a youth rehabilitation order in respect of an offence if it makes a suspended sentence order for any other offence for which it deals with the offender.
Commencement Information
I9S. 181 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)In determining the restrictions on liberty to be imposed by a youth rehabilitation order in respect of an offence, the court may have regard to any period for which the offender has been remanded in custody in connection with—
(a)the offence, or
(b)any other offence the charge for which was founded on the same facts or evidence.
(2)For this purpose a person is remanded in custody if—
(a)remanded in or committed to custody by order of a court,
(b)remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail), or
(c)remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983.
Commencement Information
I10S. 182 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where a court is dealing with an offender for two or more offences.
(2)If the court makes an order of any of the following kinds in respect of one of the offences—
(a)a youth rehabilitation order with intensive supervision and surveillance,
(b)a youth rehabilitation order with fostering, or
(c)any other youth rehabilitation order,
it may not make a youth rehabilitation order of another of those kinds in respect of the other offence, or any of the other offences.
(3)If the court makes—
(a)two or more youth rehabilitation orders with intensive supervision and surveillance, or
(b)two or more youth rehabilitation orders with fostering,
those orders must take effect at the same time (in accordance with section 198).
(4)Subsections (5) to (7) apply where the court includes requirements of the same kind in two or more youth rehabilitation orders.
(5)The court must direct, for each kind of requirement—
(a)whether the requirements are to be concurrent or consecutive, or
(b)if more than two requirements of that kind are imposed, which are to be concurrent and which consecutive.
(6)But the court may not direct that two or more fostering requirements are to be consecutive.
(7)Where the court directs that two or more requirements of the same kind are to be consecutive, the numbers of hours, days or months specified in relation to each of them—
(a)are to be aggregated, but
(b)in aggregate, must not exceed the maximum number which may be specified in relation to any one of them.
(8)For the purposes of subsections (4) to (7), requirements are of the same kind if they fall within the same Part of Schedule 6.
Commencement Information
I11S. 183 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)Any youth rehabilitation requirement imposed by a youth rehabilitation order must be a requirement that is available to the court which makes the order.
(2)A youth rehabilitation requirement is available unless a provision mentioned in column 3 of the entry for that requirement in the youth rehabilitation requirements table (see section 174) provides otherwise.
Commencement Information
I12S. 184 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)An extended activity requirement is not available for a youth rehabilitation order other than a youth rehabilitation order with intensive supervision and surveillance.
(2)An unpaid work requirement is not available for a youth rehabilitation order in respect of an offence unless the offender is aged 16 or 17 when convicted of the offence.
(3)A fostering requirement is not available for a youth rehabilitation order other than a youth rehabilitation order with fostering.
(4)An electronic monitoring requirement is not available for a youth rehabilitation order unless the order imposes at least one other youth rehabilitation requirement.
Commencement Information
I13S. 185 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where a court makes a youth rehabilitation order in respect of an offence.
(2)The power to impose a particular youth rehabilitation requirement is subject to the provisions of the Part of Schedule 6 relating to requirements of that kind (see column 2 of the table in section 174).
(3)The particular youth rehabilitation requirement or combination of youth rehabilitation requirements imposed by the order must, in the opinion of the court, be the most suitable for the offender.
In the case of a youth rehabilitation order with intensive supervision and surveillance, this is subject to section 175 (by virtue of which the order must impose certain requirements).
(4)The pre-sentence report requirements (see section 30) apply to the court in relation to forming any opinion on whether a particular youth rehabilitation requirement or combination of youth rehabilitation requirements is suitable for the offender.
(5)In forming its opinion for the purposes of subsection (3) on which requirement or combination of requirements is the most suitable for the offender, the court may take into account any information about the offender which is before it.
(6)The restrictions on liberty imposed by the order must be such as are in the opinion of the court commensurate with the seriousness of—
(a)the offence, or
(b)the combination of the offence and one or more offences associated with it.
In the case of a youth rehabilitation order with intensive supervision and surveillance, this is subject to section 175 (by virtue of which the order must impose certain requirements).
(7)In forming its opinion for the purposes of subsection (6), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.
(8)The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.
(9)The fact that, by virtue of subsection (6), particular restrictions on liberty may be imposed by a youth rehabilitation order does not require the court to impose those restrictions.
(10)If the order imposes two or more requirements, the court must, before making the order, consider whether, in the circumstances of the case, the requirements are compatible with each other.
This is subject to sections 175 and 176 and paragraphs 19(3) and 21 of Schedule 6 (certain types of youth rehabilitation order to contain certain requirements).
(11)The court must ensure, as far as practicable, that any requirement imposed by the order is such as to avoid—
(a)any conflict with the offender's religious beliefs,
(b)any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and
(c)any conflict with the requirements of any other court order to which the offender may be subject,
and satisfies any additional restrictions that the Secretary of State may specify in regulations.
(12)Regulations under subsection (11) are subject to the negative resolution procedure.
Modifications etc. (not altering text)
C1S. 186(2)(10)(11) applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I14S. 186 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)A youth rehabilitation order must specify a date (the “end date”) by which all the requirements in it must have been complied with.
(2)The end date must be—
(a)not more than 3 years, and
(b)in the case of a youth rehabilitation order with intensive supervision and surveillance, not less than 6 months,
after the date on which the order takes effect.
(3)If a youth rehabilitation order imposes two or more different youth rehabilitation requirements—
(a)the order may also specify, for each of the requirements, a date by which the requirement must have been complied with;
(b)if it does so, the last of those dates must be the same as the end date.
Commencement Information
I15S. 187 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)A youth rehabilitation order must specify which local justice area is the offender's home local justice area.
(2)The area specified must be the local justice area in which the offender resides or will reside.
Modifications etc. (not altering text)
C2S. 188 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I16S. 188 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where the Crown Court makes a youth rehabilitation order otherwise than on appeal from a magistrates' court.
(2)The Crown Court may include a direction that the order is to be subject to magistrates' court supervision.
For the effect of such a direction, see Schedule 7 (breach, revocation or amendment of youth rehabilitation order).
Commencement Information
I17S. 189 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies when a court makes a youth rehabilitation order.
(2)The court must forthwith provide copies of the order—
(a)to the offender,
(b)if the offender is aged under 14, to the offender's parent or guardian,
(c)to a member of a youth offending team assigned to the court or to an officer who is acting at the court and is an officer of a provider of probation services, and
(d)if the court does not act in the offender's home local justice area, to a provider of probation services operating in that area.
(3)If the order imposes a requirement specified in column 1 of the following table, the court must also forthwith provide the person specified in the corresponding entry in column 2 with a copy of so much of the order as relates to the requirement.
| Requirement | Person to whom copy of requirement is to be given |
|---|---|
| An activity requirement which comprises or includes a specified place obligation | The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6 |
| An activity requirement which comprises or includes a specified activities obligation | The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6 |
| An activity requirement which comprises or includes a specified residential exercise obligation | The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6 |
| An attendance centre requirement | The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6 |
| An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender | The person intended to be protected |
| A residence requirement requiring residence with an individual | The individual specified under paragraph 22(2)(b) of Schedule 6 |
| A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution | The person in charge of the institution |
| A local authority residence requirement | The local authority specified under paragraph 24(3)(b) of Schedule 6 |
| A mental health treatment requirement | The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph |
| A drug treatment requirement | The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6 |
| A drug testing requirement | The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6 |
| An intoxicating substance treatment requirement | The treatment director specified under paragraph 36(3)(b)(i) of Schedule 6 |
| An education requirement | The relevant authority specified under paragraph 39(2)(a) of Schedule 6 |
| An electronic monitoring requirement | Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring |
| Any person without whose consent the requirement could not be included in the order. |
(4)If the court does not act in the offender's home local justice area, it must provide the magistrates' court acting in the offender's home local justice area with—
(a)a copy of the order, and
(b)such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.
Modifications etc. (not altering text)
C3Ss. 190-192 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I18S. 190 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)For the purposes of this Chapter, “the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, means the person identified in subsection (2), (3) or (4).
(2)If the order imposes the following requirements, and no other youth rehabilitation requirements—
(a)an electronic monitoring requirement, and
(b)a curfew requirement or an exclusion requirement (or both),
the responsible officer is the person who under paragraph 42(1) of Schedule 6 is responsible for the electronic monitoring required by the order.
(3)If the only youth rehabilitation requirement imposed by the order is an attendance centre requirement, the responsible officer is the officer in charge of the attendance centre specified in the order.
(4)In any other case the responsible officer is the qualifying officer who, as respects the offender, is for the time being responsible for discharging the functions conferred by this Chapter on the responsible officer.
(5)In subsection (4) “qualifying officer”, means—
(a)a member of a youth offending team established by a local authority specified in the order for the purposes of this section, or
(b)an officer of a provider of probation services acting in the offender's home local justice area.
Modifications etc. (not altering text)
C3Ss. 190-192 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I19S. 191 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where a youth rehabilitation order is in force.
(2)The responsible officer must—
(a)make any arrangements that are necessary in connection with the requirements imposed by the order,
(b)promote the offender's compliance with those requirements, and
(c)where appropriate, take steps to enforce those requirements.
(3)But subsection (2) does not apply to a person who is a responsible officer by virtue of section 191(2) (person responsible for electronic monitoring).
(4)In giving instructions to the offender in pursuance of the order, the responsible officer must ensure, as far as practicable, that any instruction is such as to avoid—
(a)any conflict with the offender's religious beliefs,
(b)any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and
(c)any conflict with the requirements of any other court order to which the offender may be subject,
and satisfies any additional restrictions that the Secretary of State may specify in regulations.
(5)Regulations under subsection (4) are subject to the negative resolution procedure.
Modifications etc. (not altering text)
C3Ss. 190-192 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I20S. 192 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where a youth rehabilitation order is in force.
(2)The offender—
(a)must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the offender from time to time, and
(b)must notify the responsible officer of any change of address.
(3)This obligation is enforceable as if it were a youth rehabilitation requirement of the youth rehabilitation order.
Commencement Information
I21S. 193 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)The Secretary of State may by regulations—
(a)enable or require a court making a youth rehabilitation order to provide for the order to be reviewed periodically by that or another court,
(b)enable a court to amend a youth rehabilitation order so as to include or remove a provision for review by a court, and
(c)make provision as to the timing and conduct of reviews and as to the powers of the court on a review.
(2)Regulations under this section may, in particular, make provision in relation to youth rehabilitation orders corresponding to any provision made by sections 293 to 295 in relation to suspended sentence orders.
(3)Regulations under this section may repeal or amend any provision of this Chapter.
(4)Regulations under this section are subject to the affirmative resolution procedure.
Commencement Information
I22S. 194 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Schedule 7 makes provision about—
(a)failures to comply with the requirements of youth rehabilitation orders, and
(b)revocation and amendment of youth rehabilitation orders.
Commencement Information
I23S. 195 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Schedule 8 makes provision about the transfer of youth rehabilitation orders to Northern Ireland.
Commencement Information
I24S. 196 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
In this Chapter, except where the contrary intention appears—
“end date”, in relation to a youth rehabilitation order, means the date for the time being specified in the order under—
section 187 (youth rehabilitation order to specify end date),
paragraph 10(4) of Schedule 7 (power to substitute later end date on breach), or
paragraph 18(1) of that Schedule (extension of order);
“home local justice area”, in relation to a youth rehabilitation order, means the local justice area for the time being specified in the order under—
section 188, or
paragraph 15(2) of Schedule 7;
“the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, has the meaning given by section 191;
“youth rehabilitation requirement” has the meaning given by section 173.
Modifications etc. (not altering text)
C4S. 197 applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I25S. 197 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)A youth rehabilitation order takes effect at the beginning of the day on which it is made.
(2)But a court making a youth rehabilitation order may order that it is to take effect instead on a later date (and see, in particular, section 181(1)).
(3)A youth rehabilitation order is in force for the period—
(a)beginning when it takes effect, and
(b)ending—
(i)with the end date, or
(ii)if later, when the offender has completed any unpaid work requirement imposed by the order.
(4)But a youth rehabilitation order ceases to be in force when it is revoked.
(5)An unpaid work requirement is completed when the offender has worked under it for the number of hours specified in the order.
Modifications etc. (not altering text)
C5S. 198(3)-(5) applied (with modifications) by 2008 c. 4, s. 39(6)(a), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I26S. 198 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This Chapter has effect in relation to the Isles of Scilly with such exceptions, adaptations and modifications as the Secretary of State may by regulations specify.
(2)Regulations under this section are subject to the negative resolution procedure.
Commencement Information
I27S. 199 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)In this Code “community order” means an order imposing one or more community order requirements.
(2)The community order requirements are listed in column 1 of the community order requirements table (see section 201).
(3)Provision about each requirement is made by the Part of Schedule 9 mentioned in the corresponding entry in column 2 of that table.
Commencement Information
I28S. 200 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
The community order requirements table referred to in sections 200, 206 and 208 is—
| Requirement | Part of Schedule 9 relating to requirement | Restrictions on availability |
|---|---|---|
| unpaid work requirement | Part 1 | |
| rehabilitation activity requirement | Part 2 | |
| programme requirement | Part 3 | |
| prohibited activity requirement | Part 4 | |
| curfew requirement | Part 5 | |
| exclusion requirement | Part 6 | |
| residence requirement | Part 7 | |
| foreign travel prohibition requirement | Part 8 | |
| mental health treatment requirement | Part 9 | |
| drug rehabilitation requirement | Part 10 | |
| alcohol treatment requirement | Part 11 | |
| alcohol abstinence and monitoring requirement | Part 12 | section 207(1) or (2) |
| attendance centre requirement | Part 13 | section 207(3) |
| electronic compliance monitoring requirement | Part 14 | section 207(4) |
| electronic whereabouts monitoring requirement | Part 14 |
Commencement Information
I29S. 201 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)A community order is available to a court by or before which an offender is convicted of an offence if—
(a)the offender is aged 18 or over when convicted, and
(b)the offence is punishable with imprisonment by that court.
(2)Subsection (1) is subject to—
(a)subsection (3),
(b)section 203 (restriction on making both community order and suspended sentence order), and
(c)section 37(8) of the Mental Health Act 1983 (community order not to be made in combination with hospital order or guardianship order in respect of same offence).
(3)A community order is not available in respect of an offence in relation to which a mandatory sentence requirement applies (see section 399).
But this is subject to section 74 and Chapter 4 of Part 12 (reduction of sentence for assistance to prosecution).
Commencement Information
I30S. 202 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
A court may not make a community order in respect of an offence if it makes a suspended sentence order in respect of—
(a)the offence,
(b)any other offence of which the offender is convicted by or before it, or
(c)any other offence for which it deals with the offender.
Modifications etc. (not altering text)
C6S. 203 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C7S. 203 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C8S. 203 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I31S. 203 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where a community order is available.
(2)The court must not make a community order unless it is of the opinion that—
(a)the offence, or
(b)the combination of the offence and one or more offences associated with it,
was serious enough to warrant the making of such an order.
(3)In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.
(4)The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.
(5)The fact that, by virtue of subsection (2), the court may make a community order does not require it to do so.
Commencement Information
I32S. 204 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)In determining the restrictions on liberty to be imposed by a community order in respect of an offence, the court may have regard to any period for which the offender has been remanded in custody in connection with—
(a)the offence, or
(b)any other offence the charge for which was founded on the same facts or evidence.
(2)For this purpose, a person is remanded in custody if—
(a)remanded in or committed to custody by order of a court,
(b)remanded to youth detention accommodation (see subsection (3)), or
(c)remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983.
(3)The reference in subsection (2)(b) to being remanded to youth detention accommodation—
(a)has the same meaning as in Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail): see, in particular, section 91 of that Act, but
(b)also includes a reference to being remanded or committed before 3 December 2012 to local authority accommodation under section 23 of the Children and Young Persons Act 1969 and—
(i)kept in secure accommodation (within the meaning of that section), or
(ii)detained in a secure training centre pursuant to arrangements under subsection (7A) of that section.
Commencement Information
I33S. 205 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)A court may not make a community order which imposes a community order requirement that is not an available requirement.
(2)A community order requirement is an available requirement unless a provision mentioned in column 3 of the entry for that requirement in the community order requirements table (see section 201) provides otherwise.
Modifications etc. (not altering text)
C9S. 206 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C10S. 206 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C11S. 206 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I34S. 206 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)An alcohol abstinence and monitoring requirement is not an available requirement unless regulations are in force under paragraph 25(7)(c) of Schedule 9 (prescribed arrangements for monitoring).
(2)An alcohol abstinence and monitoring requirement imposing a requirement within paragraph 25(1)(a)(ii) of Schedule 9 (alcohol level to be kept below specified level) is not an available requirement unless regulations are in force under 25(7)(b) of that Schedule (prescribed alcohol level).
(3)An attendance centre requirement is not an available requirement unless the offender is aged under 25 when convicted of the offence.
(4)An electronic compliance monitoring requirement is not an available requirement in relation to a community order unless the community order imposes at least one other available requirement, other than—
(a)an alcohol abstinence and monitoring requirement;
(b)an electronic whereabouts monitoring requirement.
Modifications etc. (not altering text)
C12S. 207 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C13S. 207(3) applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C14S. 207(3) applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I35S. 207 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where a court makes a community order in respect of an offence.
(2)The power to impose a particular community order requirement is subject to the provisions of the Part of Schedule 9 relating to requirements of that kind (see column 2 of the table in section 201).
(3)The particular community order requirement or community order requirements imposed by the order must, in the opinion of the court, be the most suitable for the offender.
This is subject to subsection (10).
(4)The pre-sentence report requirements (see section 30) apply to the court in relation to forming any opinion on whether a particular requirement or combination of requirements is suitable for the offender.
(5)In forming its opinion for the purposes of subsection (3) on which requirement or combination of requirements is most suitable for the offender, the court may take into account any information about the offender which is before it.
(6)The restrictions on liberty imposed by the order must be such as are in the opinion of the court commensurate with the seriousness of—
(a)the offence, or
(b)the combination of the offence and one or more offences associated with it.
This is subject to subsection (10).
(7)In forming its opinion for the purposes of subsection (6), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.
(8)The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.
(9)The fact that, by virtue of subsection (6), particular restrictions on liberty may be imposed by a community order does not require the court to impose those restrictions.
(10)The order must include at least one community order requirement imposed for the purpose of punishment.
(11)Subsection (10) does not apply where—
(a)the court also imposes a fine, or
(b)there are exceptional circumstances relating to the offence or to the offender which—
(i)would make it unjust in all the circumstances for the court to impose a requirement for the purpose of punishment in the particular case, and
(ii)would make it unjust in all the circumstances for the court to impose a fine for the offence concerned.
(12)If the order imposes two or more different community order requirements, the court must, before making the order, consider whether, in the circumstances of the case, the requirements are compatible with each other.
(13)The court must ensure, so far as practicable, that any community order requirement imposed by the order is such as to avoid—
(a)any conflict with the offender's religious beliefs,
(b)any conflict with the requirements of any other court order to which the offender may be subject, and
(c)any interference with the times, if any, at which the offender normally—
(i)works, or
(ii)attends any educational establishment,
and satisfies any additional restrictions that the Secretary of State may specify in regulations.
(14)Regulations under subsection (13) are subject to the negative resolution procedure.
Modifications etc. (not altering text)
C15S. 208(2) (10)-(14) applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)
C16S. 208(2) (10)-(14) applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)
C17S. 208(2) (10)-(14) applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)
C18S. 208(13) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
C19S. 208(13) applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I36S. 208 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)A community order must specify a date (the “end date”) by which all the requirements in it must have been complied with.
(2)The end date must not be more than 3 years after the date of the order.
(3)If a community order imposes two or more different community order requirements—
(a)the order may also specify, for each of the requirements, a date by which the requirement must have been complied with;
(b)if it does so, the last of those dates must be the same as the end date.
(4)Section 220 sets out the effect of the end date.
Modifications etc. (not altering text)
C20S. 209 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C21S. 209 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C22S. 209 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I37S. 209 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)A community order must specify which local justice area is the offender's home local justice area.
(2)The area specified must be the local justice area in which the offender resides or will reside.
Modifications etc. (not altering text)
C23S. 210 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
C24S. 210 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
C25S. 210 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I38S. 210 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Where the Crown Court makes a community order, it may include a direction that the order is to be subject to magistrates' court supervision.
Commencement Information
I39S. 211 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies when a court makes a community order.
(2)The court must forthwith provide copies of the order—
(a)to the offender,
(b)to the responsible officer,
(c)to an officer of a provider of probation services that is a public sector provider who is acting at the court, and
(d)if the court does not act in the offender's home local justice area, to a provider of probation services that is a public sector provider and is operating in that area.
(3)If the order imposes any requirement specified in column 1 of the following table, the court must also forthwith provide the person specified in the corresponding entry in column 2 with a copy of so much of the order as relates to the requirement.
| The requirement | The person to whom a copy must be provided |
|---|---|
| An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender | The person intended to be protected |
| A residence requirement relating to residence in an institution | The person in charge of the institution |
| A mental health treatment requirement | The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule |
| A drug rehabilitation requirement | The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9 |
| An alcohol treatment requirement | The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule |
| An electronic monitoring requirement | Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring |
| Any person without whose consent the requirement could not be included in the order. |
(4)If the court does not act in the offender's home local justice area, it must provide the magistrates' court acting in that area with—
(a)a copy of the order, and
(b)such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.
(5)In subsection (2) “public sector provider” means—
(a)a probation trust or other public body, or
(b)the Secretary of State.
Modifications etc. (not altering text)
C26Ss. 212-216 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
C27S. 212(1)-(3) (5) applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)
C28S. 212(1)-(3) (5) applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)
C29S. 212(1)-(3) (5) applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2; S.I. 2020/1236, reg. 2)
C30S. 212(2)(a)(b)(3) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I40S. 212 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)For the purposes of this Chapter, “the responsible officer”, in relation to an offender to whom a community order relates, means the person who is for the time being responsible for discharging the functions conferred by this Code on the responsible officer in accordance with arrangements made by the Secretary of State.
(2)The responsible officer must be—
(a)an officer of a provider of probation services, or
(b)a person responsible for monitoring the offender in accordance with an electronic monitoring requirement imposed by the community order.
Modifications etc. (not altering text)
C26Ss. 212-216 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
C31Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C32Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C33Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I41S. 213 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where a community order is in force.
(2)The responsible officer must—
(a)make any arrangements that are necessary in connection with the requirements imposed by the order, and
(b)promote the offender's compliance with those requirements.
(3)This is subject to paragraph 16(6) of Schedule 9 (in-patient treatment under mental health treatment requirement).
(4)The responsible officer must ensure, as far as practicable, that any instruction given by the responsible officer is such as to avoid—
(a)any conflict with the offender's religious beliefs,
(b)any conflict with the requirements of any other court order to which the offender may be subject, and
(c)any interference with the times, if any, at which the offender normally—
(i)works, or
(ii)attends any educational establishment,
and satisfies any additional restrictions that the Secretary of State may specify in regulations.
(5)Regulations under subsection (4) are subject to the negative resolution procedure.
Modifications etc. (not altering text)
C26Ss. 212-216 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
C31Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C32Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C33Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C34S. 214(4) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
C35S. 214(4) extended by 2003 c. 44, Sch. 19A para. 4 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I42S. 214 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where a community order is in force.
(2)The offender must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the offender from time to time.
(3)This obligation is enforceable as if it were a community order requirement of the community order.
Modifications etc. (not altering text)
C26Ss. 212-216 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
C31Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C32Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C33Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I43S. 215 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)This section applies where a community order—
(a)is in force, and
(b)does not include a residence requirement imposed under paragraph 13 of Schedule 9.
(2)The offender must not change residence except with permission given in accordance with this section by—
(a)the responsible officer, or
(b)a court.
(3)This obligation has effect as if it were a community order requirement of the community order.
(4)The appropriate court may, on an application made by the offender, give permission in a case in which the responsible officer has refused.
For this purpose, “appropriate court” has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule).
(5)A court may also give permission in any proceedings before it under Schedule 10 (breach or amendment of order etc).
(6)The grounds on which the responsible officer or court may refuse an application for permission are that, in the opinion of the officer or court, the change in residence—
(a)is likely to prevent the offender complying with a requirement imposed by the community order, or
(b)would hinder the offender's rehabilitation.
(7)The responsible officer must refuse an application for permission if—
(a)the offender's present residence is in England or Wales, and
(b)the offender's proposed residence is outside England and Wales.
(8)For cases in which a community order has to be amended because of permission given under this section, see paragraph 16 of Schedule 10 (amendment to reflect change in local justice area).
Modifications etc. (not altering text)
C26Ss. 212-216 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
C31Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C32Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C33Ss. 213-216 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I44S. 216 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)The Secretary of State may by regulations—
(a)enable or require a court making a community order to provide for the community order to be reviewed periodically by that or another court,
(b)enable a court to amend a community order so as to include or remove a provision for review by a court, and
(c)make provision as to the timing and conduct of reviews and as to the powers of the court on a review.
(2)Regulations under this section may, in particular, make provision in relation to community orders corresponding to any provision made by sections 293 to 295 in relation to suspended sentence orders.
(3)Regulations under this section may repeal or amend any provision of this Chapter.
(4)Regulations under this section are subject to the affirmative resolution procedure.
Modifications etc. (not altering text)
C36S. 217 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I45S. 217 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Schedule 10 makes provision about—
(a)failures to comply with the requirements of community orders;
(b)revocation of community orders;
(c)amendment of community orders.
Modifications etc. (not altering text)
C37S. 218 applied by 2006 c. 52, s. 178(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C38S. 218 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C39S. 218 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I46S. 218 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Schedule 11 makes provision about transfers of community orders to Scotland or Northern Ireland.
Modifications etc. (not altering text)
C40S. 219 applied (with modifications) by 2006 c. 52, s. 178(2)(3) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I47S. 219 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(1)A community order ceases to be in force—
(a)at the end of the end date (see section 209), or
(b)if later, when the offender has completed any unpaid work requirement imposed by the order.
(2)But a community order ceases to be in force when it is revoked.
(3)An unpaid work requirement is completed when the offender has worked under it for the number of hours specified in the order.
Modifications etc. (not altering text)
C41S. 220 applied (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C42S. 220 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C43S. 220 applied (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C44S. 220(1)(b)(2)(3) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I48S. 220 in force at 1.12.2020 by S.I. 2020/1236, reg. 2